MHA6060: Health Law and Ethics
Week 5 Assignment
APPLICATION OF ETHICS TO LEGAL ISSUES
Please review the following case:
The defendant in State v. Cunningham, the owner, and administrator of a residential care facility housed thirty to thirty-seven mentally ill, mentally retarded, and senior residents. The Iowa Department of Inspections and Appeals conducted various surveys at the defendant’s facility between October 1989 and May 1990. All of the surveys except one resulted in a fifty-dollar daily fine assessed against the defendant for violations of the regulations.
On August 16, 1990, a grand jury filed an indictment charging the defendant with several counts of wanton neglect of a resident in violation of the Iowa Code section 726.7 (1989), which provides, “A person commits wanton neglect of a resident of a healthcare facility when the person knowingly acts in a manner likely to be injurious to the physical, mental, or moral welfare of a resident of a healthcare facility. . . . Wanton neglect of a resident of a healthcare facility is a serious misdemeanor.”
The district court held that the defendant had knowledge of the dangerous conditions that existed in the healthcare facility but willfully and consciously refused to provide or to exercise adequate supervision to remedy or attempt to remedy the dangerous conditions. The residents were exposed to physical dangers and unhealthy and unsanitary physical conditions and were grossly deprived of the much-needed medical care and personal attention.
The conditions were likely to and did cause injury to the physical and mental well-being of the facility’s residents. The defendant was found guilty on five counts of wanton neglect. The district court sentenced the defendant to one year in jail for each of the five counts, to run concurrently. The district court suspended all but two days of the defendant’s sentence and ordered him to pay $200 for each count, plus a surcharge and costs, and to perform community service. A motion for a new trial was denied, and the defendant appealed.
The Iowa Court of Appeals held that there was substantial evidence to support a finding that the defendant was responsible for not properly maintaining the nursing facility, which led to prosecution for wanton neglect of the facility’s residents. The defendant was found guilty of knowingly acting in a manner likely to be injurious to the physical or mental welfare of the facility’s residents by creating, directing, or maintaining hazardous conditions and unsafe practices.
The facility was not properly maintained (for example, findings included broken glass in patients’ rooms, excessive hot water in faucets, dried feces on public bathroom walls and grab bars, insufficient towels and linens, cockroaches and worms in the food preparation area, no soap available in the kitchen, and at one point, only one bar of soap and one container of shampoo found in the entire facility). Dietary facilities were unsanitary an ...
The defendant in State v. Cunningham, the owner, and administrat.docxtodd241
The defendant in State v. Cunningham, the owner, and administrator of a residential care facility housed thirty to thirty-seven mentally ill, mentally retarded, and senior residents. The Iowa Department of Inspections and Appeals conducted various surveys at the defendant’s facility between October 1989 and May 1990. All of the surveys except one resulted in a fifty-dollar daily fine assessed against the defendant for violations of the regulations.
On August 16, 1990, a grand jury filed an indictment charging the defendant with several counts of wanton neglect of a resident in violation of the Iowa Code section 726.7 (1989), which provides, “A person commits wanton neglect of a resident of a healthcare facility when the person knowingly acts in a manner likely to be injurious to the physical, mental, or moral welfare of a resident of a healthcare facility. . . . Wanton neglect of a resident of a healthcare facility is a serious misdemeanor.”
The district court held that the defendant had knowledge of the dangerous conditions that existed in the healthcare facility but willfully and consciously refused to provide or to exercise adequate supervision to remedy or attempt to remedy the dangerous conditions. The residents were exposed to physical dangers and unhealthy and unsanitary physical conditions and were grossly deprived of the much-needed medical care and personal attention.
The conditions were likely to and did cause injury to the physical and mental well-being of the facility’s residents. The defendant was found guilty on five counts of wanton neglect. The district court sentenced the defendant to one year in jail for each of the five counts, to run concurrently. The district court suspended all but two days of the defendant’s sentence and ordered him to pay $200 for each count, plus a surcharge and costs, and to perform community service. A motion for a new trial was denied, and the defendant appealed.
The Iowa Court of Appeals held that there was substantial evidence to support a finding that the defendant was responsible for not properly maintaining the nursing facility, which led to prosecution for wanton neglect of the facility’s residents. The defendant was found guilty of knowingly acting in a manner likely to be injurious to the physical or mental welfare of the facility’s residents by creating, directing, or maintaining hazardous conditions and unsafe practices.
The facility was not properly maintained (for example, findings included broken glass in patients’ rooms, excessive hot water in faucets, dried feces on public bathroom walls and grab bars, insufficient towels and linens, cockroaches and worms in the food preparation area, no soap available in the kitchen, and at one point, only one bar of soap and one container of shampoo found in the entire facility). Dietary facilities were unsanitary and inadequate to meet the dietary needs of the residents. There were inadequate staffing patterns and supervision in the facili.
This summary provides the key information from 4 documents related to medical malpractice cases:
1) The first document describes a medical malpractice case where an infant's larynx was punctured during surgery and the doctor failed to prescribe antibiotics or keep the infant in the hospital long enough. The court reduced the $2 million jury award to a more reasonable amount.
2) The second document summarizes a wrongful death medical malpractice case where the jury award of $3.9 million was reduced to $2.6 million by the appeals court.
3) The third document describes a medical malpractice case where a man died after being misdiagnosed and sent home from a clinic with a mild antibiotic.
Describe the role and importance of the credentialing and privileging.docxwrite12
The credentialing and privileging process is important for hospitals to evaluate a physician's training, experience and competence. In the Darling case, the hospital failed to properly credential and privilege the emergency room physician, who set and treated the patient's leg fracture without necessary qualifications. This led to complications requiring amputation, violating the hospital's duty to provide qualified staff and establish credentialing policies to monitor patient care quality. The case established hospitals can be found liable for physician negligence due to lack of oversight through credentialing and privileging.
Describe the role and importance of the credentialing and privileging.docxsdfghj21
The credentialing and privileging process is important for hospitals to evaluate a physician's training, experience and competence. In the Darling case, the hospital failed to properly credential and privilege the emergency room physician, who set and treated the patient's leg fracture without necessary qualifications. This led to complications requiring amputation. Hospitals have a duty to establish policies to monitor quality of care and provide competent medical staff. The credentialing process helps fulfill this duty and prevent future harm to patients.
This document provides an overview of medical negligence and liability of hospitals in India. It begins with introducing the topic and defining medical negligence versus medical malpractice. It then outlines the objectives, research methodology, and timeline of important negligence cases. The body discusses how negligence is analyzed in India, compensation for negligence, and the direct and vicarious liability of hospitals. It notes hospitals can be liable for their own deficiencies or for the negligent actions of doctors through the principle of vicarious liability. The document provides context and details on medical negligence laws and standards in India.
This document discusses professional negligence in the medical field. It begins by defining professional negligence as a lack of reasonable care and skill by a medical practitioner that causes harm to a patient. It then outlines some key points regarding professional negligence:
- Doctors are required to possess reasonable medical knowledge and exercise reasonable care and skill as determined by their peers.
- There are two main types of negligence - civil and criminal. Civil negligence can be compensated financially, while criminal negligence involves willful disregard for a patient's life and safety.
- For a malpractice suit, there must be a duty of care, a failure to fulfill that duty, a direct link between that failure and harm to the patient, and demonstrable
Malpractice should not allowed in the field of medicine because your are dealing with humans life.
The malpractice is due to lack of doctors knowledge, uninteresting the sensitive cases, not using a guidelines.
The most type and common error in malpractice is the medication error and could put the patient's life risky.
Medical record is important why because you follow up the patients and will help you to guide and known the status the patient whether he or she improving or not.
There are several types of medical record: by using paper or documented book or by using electronic such as computers and so on.
If you are recording the patient information the patient will trust you and so happy because you still remember him or her information and this is good for you.
Millions Involved in False Claims Act Cases: Medical Fraud and Recent Court D...Conference Panel
Join our advanced webinar to gain a comprehensive understanding of federal false claims act laws, and learn how to avoid liability and maintain defensible record-keeping in the context of medical waste, fraud, and abuse cases involving millions of dollars.
This webinar provides an in-depth overview of the two types of prosecutions for alleged false claims, and explores the real-world outcomes of federal cases, including landmark rulings from the United States Supreme Court that have changed the landscape of false claims act cases.
Through an analysis of federal court cases, attendees will gain insights into the potential risks and consequences of non-compliance, and learn practical tips and techniques to mitigate risk and ensure compliance with federal false claims act laws. Don't miss this opportunity to stay ahead of the curve in this complex and constantly evolving area of the law.
Register, https://conferencepanel.com/conference/false-claims-act-cases-involving-millions-in-medical-fraud-what-you-need-to-know-about-recent-court-decisions
The defendant in State v. Cunningham, the owner, and administrat.docxtodd241
The defendant in State v. Cunningham, the owner, and administrator of a residential care facility housed thirty to thirty-seven mentally ill, mentally retarded, and senior residents. The Iowa Department of Inspections and Appeals conducted various surveys at the defendant’s facility between October 1989 and May 1990. All of the surveys except one resulted in a fifty-dollar daily fine assessed against the defendant for violations of the regulations.
On August 16, 1990, a grand jury filed an indictment charging the defendant with several counts of wanton neglect of a resident in violation of the Iowa Code section 726.7 (1989), which provides, “A person commits wanton neglect of a resident of a healthcare facility when the person knowingly acts in a manner likely to be injurious to the physical, mental, or moral welfare of a resident of a healthcare facility. . . . Wanton neglect of a resident of a healthcare facility is a serious misdemeanor.”
The district court held that the defendant had knowledge of the dangerous conditions that existed in the healthcare facility but willfully and consciously refused to provide or to exercise adequate supervision to remedy or attempt to remedy the dangerous conditions. The residents were exposed to physical dangers and unhealthy and unsanitary physical conditions and were grossly deprived of the much-needed medical care and personal attention.
The conditions were likely to and did cause injury to the physical and mental well-being of the facility’s residents. The defendant was found guilty on five counts of wanton neglect. The district court sentenced the defendant to one year in jail for each of the five counts, to run concurrently. The district court suspended all but two days of the defendant’s sentence and ordered him to pay $200 for each count, plus a surcharge and costs, and to perform community service. A motion for a new trial was denied, and the defendant appealed.
The Iowa Court of Appeals held that there was substantial evidence to support a finding that the defendant was responsible for not properly maintaining the nursing facility, which led to prosecution for wanton neglect of the facility’s residents. The defendant was found guilty of knowingly acting in a manner likely to be injurious to the physical or mental welfare of the facility’s residents by creating, directing, or maintaining hazardous conditions and unsafe practices.
The facility was not properly maintained (for example, findings included broken glass in patients’ rooms, excessive hot water in faucets, dried feces on public bathroom walls and grab bars, insufficient towels and linens, cockroaches and worms in the food preparation area, no soap available in the kitchen, and at one point, only one bar of soap and one container of shampoo found in the entire facility). Dietary facilities were unsanitary and inadequate to meet the dietary needs of the residents. There were inadequate staffing patterns and supervision in the facili.
This summary provides the key information from 4 documents related to medical malpractice cases:
1) The first document describes a medical malpractice case where an infant's larynx was punctured during surgery and the doctor failed to prescribe antibiotics or keep the infant in the hospital long enough. The court reduced the $2 million jury award to a more reasonable amount.
2) The second document summarizes a wrongful death medical malpractice case where the jury award of $3.9 million was reduced to $2.6 million by the appeals court.
3) The third document describes a medical malpractice case where a man died after being misdiagnosed and sent home from a clinic with a mild antibiotic.
Describe the role and importance of the credentialing and privileging.docxwrite12
The credentialing and privileging process is important for hospitals to evaluate a physician's training, experience and competence. In the Darling case, the hospital failed to properly credential and privilege the emergency room physician, who set and treated the patient's leg fracture without necessary qualifications. This led to complications requiring amputation, violating the hospital's duty to provide qualified staff and establish credentialing policies to monitor patient care quality. The case established hospitals can be found liable for physician negligence due to lack of oversight through credentialing and privileging.
Describe the role and importance of the credentialing and privileging.docxsdfghj21
The credentialing and privileging process is important for hospitals to evaluate a physician's training, experience and competence. In the Darling case, the hospital failed to properly credential and privilege the emergency room physician, who set and treated the patient's leg fracture without necessary qualifications. This led to complications requiring amputation. Hospitals have a duty to establish policies to monitor quality of care and provide competent medical staff. The credentialing process helps fulfill this duty and prevent future harm to patients.
This document provides an overview of medical negligence and liability of hospitals in India. It begins with introducing the topic and defining medical negligence versus medical malpractice. It then outlines the objectives, research methodology, and timeline of important negligence cases. The body discusses how negligence is analyzed in India, compensation for negligence, and the direct and vicarious liability of hospitals. It notes hospitals can be liable for their own deficiencies or for the negligent actions of doctors through the principle of vicarious liability. The document provides context and details on medical negligence laws and standards in India.
This document discusses professional negligence in the medical field. It begins by defining professional negligence as a lack of reasonable care and skill by a medical practitioner that causes harm to a patient. It then outlines some key points regarding professional negligence:
- Doctors are required to possess reasonable medical knowledge and exercise reasonable care and skill as determined by their peers.
- There are two main types of negligence - civil and criminal. Civil negligence can be compensated financially, while criminal negligence involves willful disregard for a patient's life and safety.
- For a malpractice suit, there must be a duty of care, a failure to fulfill that duty, a direct link between that failure and harm to the patient, and demonstrable
Malpractice should not allowed in the field of medicine because your are dealing with humans life.
The malpractice is due to lack of doctors knowledge, uninteresting the sensitive cases, not using a guidelines.
The most type and common error in malpractice is the medication error and could put the patient's life risky.
Medical record is important why because you follow up the patients and will help you to guide and known the status the patient whether he or she improving or not.
There are several types of medical record: by using paper or documented book or by using electronic such as computers and so on.
If you are recording the patient information the patient will trust you and so happy because you still remember him or her information and this is good for you.
Millions Involved in False Claims Act Cases: Medical Fraud and Recent Court D...Conference Panel
Join our advanced webinar to gain a comprehensive understanding of federal false claims act laws, and learn how to avoid liability and maintain defensible record-keeping in the context of medical waste, fraud, and abuse cases involving millions of dollars.
This webinar provides an in-depth overview of the two types of prosecutions for alleged false claims, and explores the real-world outcomes of federal cases, including landmark rulings from the United States Supreme Court that have changed the landscape of false claims act cases.
Through an analysis of federal court cases, attendees will gain insights into the potential risks and consequences of non-compliance, and learn practical tips and techniques to mitigate risk and ensure compliance with federal false claims act laws. Don't miss this opportunity to stay ahead of the curve in this complex and constantly evolving area of the law.
Register, https://conferencepanel.com/conference/false-claims-act-cases-involving-millions-in-medical-fraud-what-you-need-to-know-about-recent-court-decisions
Reed Code Blue Health Care Science edition 8thChaps 1,2, and 3.docxsodhi3
Reed Code Blue Health Care Science edition 8th
Chaps 1,2, and 3
THE PURPOSE OF THESE QUESTIONS IS TO HELP YOU REFINE YOUR ANALYSIS & BUSINESS COMMUNICATIONS SKILLS. These are the criteria on which you will be graded.
Short Answer
1. Summary: In 1 BRIEF paragraph, explain what happened in these 3 chapters.
2. Chapter 1: Based on Chapter 1, what is the major issue facing the hospital? What is the relationship between Hap & Del, and why was Hap taking Del on the fishing trip?
3. Chapter 2: Based on Chapters 1 & 2, profile Ed Wycoff, and explain why he asked Dr. Amos to make the proposal to the Board of Directors to replace Hap rather than do it himself.
4. Chapter 3: 2 questions –
· In your opinion, how did Selman handle his firing? Would you have done anything differently?
· In your opinion, how did Wes handle his being hired? Would you have done anything differently?
Module 03 Written Assignment - A Case Study of Healthcare Fraud
Write your answers in the space provided for each of the questions below:
1. What is your initial response to the case study? (Please include one or two paragraphs in this section.)
2. Who was the main perpetrator of fraud? What types of fraud did they commit and what do you think the motivation was for their actions?
3. Looking beyond the main perpetrator, there were numerous other organizations and people involved in the fraud(s). List at least two others involved and describe their contribution to the crimes.
4. How could the health care fraud(s) in this case study have been stopped? Or at least minimized and not have gone on for years?
5. At the end of the case study in the Discussion section, the authors reference some potential cuts in payments to doctors. How do you think these cuts could affect the amount of financial fraud within the health care system? How could doctors react to the cuts in a manner that is not fraud?
A Case Study of Healthcare Fraud
Timothy E. Paterick, MD, JD,* Zachary R. Paterick,† and Gerald F. Fletcher, MD‡
he healthcare landscape is changing with the depressed economic times we have encountered in the United States. The anticipated Medicare cutbacks have created angst among physicians and healthcare institutions. This case is a clear reminder to individual physicians and medical institutions that when faced with potential future payment cutbacks and a changing and uncertain financial landscape for the U.S. healthcare system,
the overriding responsibilities of physicians and medical institutions must always be for the medical welfare of patients and exercising proper fiduciary responsibility.
Key words: False claims; patient safety; fiduciary responsibility; Medicare and private insurance payment; payment reduction for medical specialty services.
T
On December 31, 2008, in the United States District Court, W.D. Louisiana, Mehmood M. Patel, MD, was charged with 91 counts of healthcare fraud violating 18 U.S.C § 1347 and one count of criminal forfeiture pursuant to 18 ...
This document discusses patient abuse, including abuse of children and seniors. It defines patient abuse as the mistreatment or neglect of vulnerable individuals under a healthcare organization's care. Common signs of abuse include bruises, burns, broken bones, behavioral changes, and neglect that results in injuries. All states have laws requiring the mandatory reporting of suspected child and elder abuse in good faith to protect victims and provide legal immunity for reporters. Failure to report abuse can result in legal and ethical issues for healthcare providers.
This document discusses litigation in the field of gynaecology. It begins by noting that obstetrics and gynaecology has a reputation as a highly litigious specialty. It then discusses some of the common reasons why doctors are sued, including accountability, the need for explanation, concern over standards of care, and compensation. The document outlines the typical stages of a medical claim and summarizes several important legal cases that have influenced medico-legal rulings. It also discusses factors that commonly lead to claims in gynaecology, such as issues with consent, sterilization procedures, and laparoscopic surgeries.
This document summarizes a presentation on dealing with difficult physicians. It includes an agenda that covers lessons learned from recent problematic cases involving physicians, ensuring medical staff bylaws are up to date, reporting to the National Practitioner Data Bank, responding to recommendation requests, and litigation strategies. One session provides details of a case where a physician was arrested twice for sexual crimes involving juvenile patients. The document reviews standards for peer review immunity under the Health Care Quality Improvement Act and state statutes. It also summarizes several court cases related to hospital peer review and credentialing.
This document summarizes a presentation on dealing with difficult physicians. It includes an agenda that covers lessons learned from recent problematic cases involving physicians, ensuring medical staff bylaws are up to date, reporting to the National Practitioner Data Bank, responding to recommendation requests, litigation strategies, and a question and answer session. One section discusses recent headlines involving a physician's arrest for sexual crimes against juvenile patients. Another section reviews statutory immunity under federal and state laws for peer review activities.
The Wyatt v. Stickney case established that residents in state mental health institutions have a constitutional right to receive individualized treatment and habilitation under the 8th Amendment. The class action lawsuit was brought on behalf of residents of Bryce State Hospital in Alabama who experienced a decline in services after budget cuts. The court ruled the residents' rights had been violated and ordered the state to restore funding and staffing to provide an appropriate treatment environment. The case helped establish the right to treatment and individualized treatment plans for those with disabilities.
IntroductionThis paper will provide a review of the compliance r.docxnormanibarber20063
Introduction
This paper will provide a review of the compliance report based on the general conducts of the medical staff at USA Community Hospital. The validity of patients’ claims for denial of services will be investigated and a mechanism to address such claims will be also provided. The primary roles that the staff can play in upholding ethics at their work place will be provided and legal consequences for non-compliance will also be stipulated.
A Plan to Investigate the Validity of Patients’ Claims for Denial of Services
1. Identification of Allegations and Issues to be Investigated- The issues to be investigated include the allegation of denial of services to the HIV/AIDS patients. Other issues to be investigated include patient review registries, and standard procedures surrounding the ethical treatment of patients with HIV / AIDS. These follow complaints that were brought forward by the public that the professional staff at USA Community Hospital were denying HIV/AIDS patients proper treatment.
2. Investigative Strategy- The investigation will involve a request to the patients who suffered the discriminative treatment to come forward for individual interviews to help in finding out more about their allegations. The medical files of these patients will be checked to verify their claims and to identify any sign of negligence on the doctors’ part. Finally the mentioned medical personnel will also be individually interviewed and thoroughly investigated. The interview panel will be chaired by the head healthcare administrators and other members will consist of the quality assurance manager, case manager, and file coordinator.
3. Sources of Evidence- The sources of evidence will consist of any violation of applicable laws, procedures, regulations, or ethical guidelines as pertained to the hospital patient treatment regulations. Other sources of evidence will involve documentation such as notes on the patients file, patients’ lab reports, e-mail exchange between the patients and doctors, and the personal files of the involved professional staff. Witnesses and physical evidence such as video records will be used.
4. Special Considerations- This process will involve use of power as provided in the US constitution. It will also involve surprise visits to the alleged doctors’ to find out how they treat their patients. Reluctant witnesses will be identified and interviewed.
5. Required Personnel and Resources- The process will involve a wide range of personnel and resources. Experts and lawyers for the victims and the accused personnel will be required in the process. Medical Psychologist and Psychiatrist will also be invited to help identify the validity of statements from the complainants as well as the accused. Enough time, rooms, and other facilities such as remunerations for the panel members will also be considered and made available.
6. Milestones and Timelines- This whole process goal is to only take two months to get to completion and.
CORPORATE NEGLIGENCE There are duties that the corporation.docxvanesaburnand
CORPORATE NEGLIGENCE
There are duties that the corporation itself owes to the general public and to its patients.
These duties arise from statutes, regulations, principles of law developed by the courts,
and the internal operating rules of the organization. If a corporation has a duty and fails
in the exercise of that duty, it has the same liability to the injured party as an individual
would have.
Corporate negligence is a doctrine under which the hospital is liable if it fails to uphold the
proper standard of care owed the patient, which is to ensure the patient’s safety and well-
being while at the hospital. This theory of liability creates a nondelegable duty which the
hospital owes directly to a patient. Therefore, an injured party does not have to rely on and
establish the negligence of a third party.6
Corporate negligence occurs when a health care corporation fails to perform those
duties it owes directly to a patient or to anyone else to whom a duty may extend. If such
a duty is breached and a patient is injured as a result of that breach, the organization
can be held culpable under the theory of corporate negligence.
Liability extends to nonemployees who act as a hospital’s ostensible agents. For
example, inThompson v. Nason Hospital,7 a Pennsylvania court recognized that
hospitals are more than mere conduits through which health care professionals are
brought into contact with patients. Hospitals owe some nondelegable duties directly to
their patients independent of the negligence of their employees, such as duties to use
reasonable care in the maintenance of safe and adequate facilities and equipment; select
and retain only competent physicians; oversee all persons who practice medicine within
their walls as to patient care; and formulate, adopt, and enforce adequate rules and
policies to ensure quality care for their patients.
CASE: DARLING—
HEALTH CARE’S BENCHMARK CASE
https://jigsaw.vitalsource.com/books/9781449685065/content/id/ch08fn06
https://jigsaw.vitalsource.com/books/9781449685065/content/id/ch08fn07
In 1965, the landmark case Darling v. Charleston Community Memorial Hospital had a
major impact on the liability of health care organizations.8 The court enunciated a
“corporate negligence doctrine” under which hospitals have a duty to provide adequately
trained medical and nursing staff. A hospital is responsible, in conjunction with its
medical staff, for establishing policies and procedures for monitoring the quality of
medicine practiced within the hospital.
Darling involved an 18-year-old college football player who was preparing for a career
as a teacher and coach. The patient, a defensive halfback for his college football team,
was injured during a play. He was rushed to the emergency department of a small,
accredited community hospital where the only physician on emergency duty that day
was Dr. Alexander, a general practitioner. Alexander had no.
1. What was the reasoning for enacting the EMTALA2. Should medi.docxpaynetawnya
1. What was the reasoning for enacting the EMTALA?
2. Should medical advice be dispensed on the telephone? Explain your opinion.
3. Discuss why you think the prescribing, control, administration, and monitoring of medications has become a major area of legal concern for health care professionals.
4. Describe the difference between the certification and licensing of a health care professional.
1. Describe the organization, responsibilities, duties, and legal risks of a governing body.
2. List some of the major provisions of SOX
3. Describe the meaning of the legal doctrine respondeat superior.
4. Describe the term corporate negligence.
5. Why is the Darling case described as a benchmark case?
6. Does the legal doctrine respondeat superior apply to an independent contractor? Explain your answer.
Chapter 11
Hospital Departments & Allied Health Professionals
LEARNING OBJECTIVESDescribe a variety of negligent errors by allied health professionals.Discuss the purpose of certification, licensure, and reasons for revocation of licenses.Describe helpful advice for caregivers.
PROFESSIONAL ETHICS Standards or codes of conduct by specific profession. Created in response to actual or anticipated ethical conflicts.ExamplesFalsifying recordsSexual improprietiesSharing confidential patient information
ChiropractorStandard of care requireddegree of care, judgment, & skill exercised by other reasonable chiropractors under like or similar circumstances.
Emergency DepartmentObjectives of Emergency Caretreatment must begin as rapidly as possiblefunction is to be maintained or restoredscarring & deformity are to be minimizedtreatment regardless of ability to pay.
Jury Returns Largest Medical Malpractice Verdict A man arrived at the ER with severe neck pain and numbness in his arms and legs. A doctor diagnosed his condition as neck strain and released the man from the hospital. A few hours later, the man became completely paralyzed from the chest down… The jury awarded the plaintiff $15 million; $10 million of which was for non-economic damages. −Mark Bello, The Legal Examiner, December 30, 2012
No Duty to Patient
Who Left ED UntreatedIn a wrongful death medical malpractice action alleging negligence, the trial court properly granted summary judgment because under Ohio law, an emergency room nurse had no duty to interfere with an individual who left the ED without telling anyone and who refused treatment.
−Griffith v. University Hospitals of Cleveland
Failure to AdmitPhysician was found negligent in failing to hospitalize the patient or failing to inform her of the serious nature of her illness. The trial court found that had the patient been hospitalized on her first visit, her chances of survival would have been increased.
−Roy v. Gupta
Documentation Sparse & ContradictoryED physician failed to evaluate the patient & to initiate care within first few minutes of patient's entry into the emergency facility. The e ...
this is a discussion not a paper I need a paragraph under each quest.docxabhi353063
this is a discussion not a paper I need a paragraph under each question. each paragraph need to be at least 250 words with up to date references.
HAS 515 Week 8 Lecture:
Patient Rights and Responsibilities and Acquired Immunodeficiency Syndrome
Slide #
Scene/Interaction
Narration
Slide 1
Intro Slide
Slide 2
Scene 1
Professor Charles enters classroom and introduces the topics for today’s lesson and begins the lecture.
Prof Charles
: Hello everyone….welcome back to class. Today, we are going to discuss patient rights and responsibilities and acquired immunodeficiency syndrome.
The Patient Self-Determination Act of 1990 (PSDA) made a significant advance in the protection of the rights of patients to make decisions regarding their own health care. Healthcare organizations may no longer passively permit patients to exercise their rights but must protect and promote such rights. The PSDA provides that each individual has a right under state law to make decisions concerning his or her medical care, including the right to accept or refuse medical or surgical treatment and the right to formulate advance directives.
Let’s first discuss the rights of the patient. How are patient rights classified?
Casey:
Patient rights may be classified as either legal (those emanating from law) or human statements of desirable ethical principles (such as the right to healthcare or the right to be treated with human dignity). Both staff and patients should be aware and understand not only their own rights and responsibilities, but also the rights and responsibilities of each other.
Donald
: Patients also have a right to receive a clear explanation of tests, diagnoses, treatment options, prescribed medications, and prognosis; participate in healthcare decisions; understand treatment options; and discontinue or refuse treatment options. It is recognized that the relationship between the physician and the patient is essential for the provision of proper care.
Casey
: In addition to what has already been noted, I would say that legal precedent has established that not only does the institution have responsibility to the patient, but also the patient has responsibility to the institution.
Prof. Charles
: Absolutely… What does the federal and state law and the Constitution have to say about discriminatory practices?
Casey
: Most federal, state and local programs specifically require, as a condition for receiving funds under such programs, an affirmative statement on the part of the organization that it will not discriminate. For example, Medicare and Medicaid programs specifically require affirmative assurances by healthcare organizations that no discrimination will be practiced. Healthcare organizations who do not comply may lose Medicare and Medicaid certification and reimbursement.
Prof. Charles
: Excellent. What is an example of discrimination by a hospital?
Donald:
There was a case,
Stoick v. Caro Community Hospital
, where the patient brought a medical ...
Medical Malpractice Law In The United States Prepared For Thelegal5
This document provides an overview of medical malpractice law in the United States. It discusses key policy issues such as how the adequacy of care is evaluated through expert witnesses and screening panels, limits placed on damages awarded to plaintiffs, and statutes of limitations for bringing lawsuits. It also examines trends in malpractice claims including total dollars paid out, average payments per claim, and number of paid claims. Several newer proposals are outlined, such as patient compensation funds and aligning malpractice law with patient safety concerns.
Medical Malpractice Law In The United States Reportlegal5
This document provides an overview of medical malpractice law in the United States. It discusses key policy issues such as how the adequacy of care is evaluated through expert witnesses and screening panels, limits placed on damages awarded to plaintiffs, and statutes of limitations for bringing lawsuits. It also examines trends in malpractice claims including rising costs and legislative reforms enacted by states to control costs such as capping non-economic damages and establishing alternative dispute resolution processes.
The document discusses key concepts related to nursing documentation and legal liability, including:
1) The purposes of medical records which include substantiating patient health conditions, communicating among providers, recording patient response to care, and resolving legal issues.
2) Key definitions like negligence, the standard of care, and elements of a negligence claim.
3) Common flaws in medical records that plaintiff's attorneys look for such as undocumented gaps, deviations from policies, and biased comments.
4) Strategies for strong documentation including objective assessments, timeliness, and avoiding personal opinions.
The document discusses patients' rights and responsibilities in healthcare. It outlines the evolution of patients' rights in the US beginning in the 1960s. It then lists the rights included in the American Hospital Association's first Patient's Bill of Rights from 1973, such as the right to privacy, informed consent, and confidentiality. The document also discusses nurses' legal roles and responsibilities in ensuring quality care and avoiding malpractice. It addresses the ethics of protecting patients' dignity, providing individualized care, and respecting their independence.
The document discusses various legal aspects and responsibilities related to medical care and hospitals in India. It outlines duties of physicians according to medical codes of ethics. Hospitals have legal responsibilities to patients, staff, owners, and the public. The document also summarizes Indian laws governing medical issues including those related to medical negligence, contracts, torts, and community care aspects of doctors' work.
Legal aspects of nursing philnursingstudentpinoy nurze
This document discusses several key legal aspects of nursing practice including:
- State nurse practice acts that regulate nursing scope and standards.
- Requirement for an active nursing license to legally practice.
- Ethical principles like patient autonomy, beneficence, and informed consent.
- Legal documentation standards for nursing notes and physician orders.
- Liability considerations for nurses and hospitals regarding negligence and mistakes.
- Guidelines for use of patient restraints and requirements for informed consent.
5 The Physician–Patient Relationship Learning Objectives After.docxalinainglis
5 The Physician–Patient Relationship
Learning Objectives
After completing this chapter, you will be able to:
· 1. Define the key terms.
· 2. Describe the rights a physician has when practicing medicine and when accepting a patient.
· 3. Discuss the nine principles of medical ethics as designated by the American Medical Association (AMA).
· 4. Summarize “A Patient’s Bill of Rights.”
· 5. Understand standard of care and how it is applied to the practice of medicine.
· 6. Discuss three patient self-determination acts.
· 7. Describe the difference between implied consent and informed consent.
Key Terms
Abandonment
Acquired immune deficiency syndrome (AIDS)
Advance directive
Against medical advice (AMA)
Agent
Consent
Do not resuscitate (DNR)
Durable power of attorney
Human immunodeficiency
virus (HIV)
Implied consent
Informed (or expressed)
consent
Incompetent patient
In loco parentis
Living will
Minor
Noncompliant patient
Parens patriae authority
Privileged communication
Prognosis
Proxy
Uniform Anatomical Gift Act
THE CASE OF DAVID Z. AND AMYOTROPHIC LATERAL SCLEROSIS (ALS)
David, who has suffered with ALS for 20 years, is now hospitalized in a private religious hospital on a respirator. He spoke with his physician before he became incapacitated and asked that he be allowed to die if the suffering became too much for him. The physician agreed that, while he would not give David any drugs to assist a suicide, he would discontinue David’s respirator if asked to do so. David has now indicated through a prearranged code of blinking eye movements that he wants the respirator discontinued. David had signed his living will before he became ill, indicating that he did not want extraordinary means keeping him alive.
The nursing staff has alerted the hospital administrator about the impending discontinuation of the respirator. The administrator tells the physician that this is against the hospital’s policy. She states that once a patient is placed on a respirator, the family must seek a court order to have him or her removed from this type of life support. In addition, it is against hospital policy to have any staff members present during such a procedure. After consulting with the family, the physician orders an ambulance to transport the patient back to his home, where the physician discontinues the life support.
· 1. What were the primary concerns of the hospital?
· 2. What was the physician’s primary concern?
· 3. When should the discussion about the patient’s future plans have taken place with the hospital administrator?
Introduction
Few topics are as important as the physician–patient relationship. This relationship impacts the entire healthcare team. All healthcare professionals who interact with the patient must understand their responsibilities to both the patient and the physician. The patient’s right to confidentiality must always be paramount.
The first physicians were “medicine men,” witch doctors, or sorcerers. The physician–pa.
This document discusses treating elderly patients with dignity in nursing homes. It notes that patients have rights under both state and federal law to be treated with consideration, respect, and have their dignity recognized. Frequently, lawsuits allege that nursing homes showed a lack of respect by leaving patients in soiled clothes or bedding for long periods. The document outlines steps facilities should take to document patient refusals of care, notify families and doctors, involve families in compliance plans, and educate families on allowing patients to refuse care as part of respecting their dignity and autonomy.
HA 4450 Legal Concepts in Health Care Raven Morgan
Case Analysis Group Project: Universal Health Services, Inc. v United States
The analysis includes the citation, relevant facts, the issue, rule of law, application, and the holding/conclusion.
The Consumer Protection Act (CPA) was passed in 1986 to better protect consumer interests in India. It established consumer councils and authorities to settle disputes. Under the CPA, a consumer is defined as any person who avails of services for consideration, either paid or promised. Health care services are considered a service under the act. The CPA provides advantages over civil courts like faster resolution times and no court fees. It allows consumers to file complaints over deficient or negligent services. Hospitals and doctors can be held liable depending on if they charge fees. The act has a three-tier structure for resolving complaints at the district, state, and national levels.
IV. Internal Environment Strengths and Weaknesses (SWOT)Ford moto.docxDioneWang844
IV. Internal Environment: Strengths and Weaknesses (SWOT)
Ford motor Corporate Structure
1.
How is the corporation structured at present?
a.
Is the decision-making authority centralized around one group or decentralized to many units?
b.
Is the corporation organized on the basis of functions, projects, geography, or some combination of these?
2.
Is the structure clearly understood by everyone in the corporation?
3.
Is the present structure consistent with current corporate objectives, strategies, policies, and programs, as well as with the firm’s international operations?
4.
In what ways does this structure compare with those of similar corporations?
answer each question in a paragraph
.
its due in 55 minsTCO 1) How has user access of the Web changed ov.docxDioneWang844
its due in 55 mins
TCO 1) How has user access of the Web changed over the past 10 years? How does this impact the design of a website?
(Points : 30)
Question 12.
Question 13.
Question 14.
Question 15.
Question 16.
.
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Reed Code Blue Health Care Science edition 8th
Chaps 1,2, and 3
THE PURPOSE OF THESE QUESTIONS IS TO HELP YOU REFINE YOUR ANALYSIS & BUSINESS COMMUNICATIONS SKILLS. These are the criteria on which you will be graded.
Short Answer
1. Summary: In 1 BRIEF paragraph, explain what happened in these 3 chapters.
2. Chapter 1: Based on Chapter 1, what is the major issue facing the hospital? What is the relationship between Hap & Del, and why was Hap taking Del on the fishing trip?
3. Chapter 2: Based on Chapters 1 & 2, profile Ed Wycoff, and explain why he asked Dr. Amos to make the proposal to the Board of Directors to replace Hap rather than do it himself.
4. Chapter 3: 2 questions –
· In your opinion, how did Selman handle his firing? Would you have done anything differently?
· In your opinion, how did Wes handle his being hired? Would you have done anything differently?
Module 03 Written Assignment - A Case Study of Healthcare Fraud
Write your answers in the space provided for each of the questions below:
1. What is your initial response to the case study? (Please include one or two paragraphs in this section.)
2. Who was the main perpetrator of fraud? What types of fraud did they commit and what do you think the motivation was for their actions?
3. Looking beyond the main perpetrator, there were numerous other organizations and people involved in the fraud(s). List at least two others involved and describe their contribution to the crimes.
4. How could the health care fraud(s) in this case study have been stopped? Or at least minimized and not have gone on for years?
5. At the end of the case study in the Discussion section, the authors reference some potential cuts in payments to doctors. How do you think these cuts could affect the amount of financial fraud within the health care system? How could doctors react to the cuts in a manner that is not fraud?
A Case Study of Healthcare Fraud
Timothy E. Paterick, MD, JD,* Zachary R. Paterick,† and Gerald F. Fletcher, MD‡
he healthcare landscape is changing with the depressed economic times we have encountered in the United States. The anticipated Medicare cutbacks have created angst among physicians and healthcare institutions. This case is a clear reminder to individual physicians and medical institutions that when faced with potential future payment cutbacks and a changing and uncertain financial landscape for the U.S. healthcare system,
the overriding responsibilities of physicians and medical institutions must always be for the medical welfare of patients and exercising proper fiduciary responsibility.
Key words: False claims; patient safety; fiduciary responsibility; Medicare and private insurance payment; payment reduction for medical specialty services.
T
On December 31, 2008, in the United States District Court, W.D. Louisiana, Mehmood M. Patel, MD, was charged with 91 counts of healthcare fraud violating 18 U.S.C § 1347 and one count of criminal forfeiture pursuant to 18 ...
This document discusses patient abuse, including abuse of children and seniors. It defines patient abuse as the mistreatment or neglect of vulnerable individuals under a healthcare organization's care. Common signs of abuse include bruises, burns, broken bones, behavioral changes, and neglect that results in injuries. All states have laws requiring the mandatory reporting of suspected child and elder abuse in good faith to protect victims and provide legal immunity for reporters. Failure to report abuse can result in legal and ethical issues for healthcare providers.
This document discusses litigation in the field of gynaecology. It begins by noting that obstetrics and gynaecology has a reputation as a highly litigious specialty. It then discusses some of the common reasons why doctors are sued, including accountability, the need for explanation, concern over standards of care, and compensation. The document outlines the typical stages of a medical claim and summarizes several important legal cases that have influenced medico-legal rulings. It also discusses factors that commonly lead to claims in gynaecology, such as issues with consent, sterilization procedures, and laparoscopic surgeries.
This document summarizes a presentation on dealing with difficult physicians. It includes an agenda that covers lessons learned from recent problematic cases involving physicians, ensuring medical staff bylaws are up to date, reporting to the National Practitioner Data Bank, responding to recommendation requests, and litigation strategies. One session provides details of a case where a physician was arrested twice for sexual crimes involving juvenile patients. The document reviews standards for peer review immunity under the Health Care Quality Improvement Act and state statutes. It also summarizes several court cases related to hospital peer review and credentialing.
This document summarizes a presentation on dealing with difficult physicians. It includes an agenda that covers lessons learned from recent problematic cases involving physicians, ensuring medical staff bylaws are up to date, reporting to the National Practitioner Data Bank, responding to recommendation requests, litigation strategies, and a question and answer session. One section discusses recent headlines involving a physician's arrest for sexual crimes against juvenile patients. Another section reviews statutory immunity under federal and state laws for peer review activities.
The Wyatt v. Stickney case established that residents in state mental health institutions have a constitutional right to receive individualized treatment and habilitation under the 8th Amendment. The class action lawsuit was brought on behalf of residents of Bryce State Hospital in Alabama who experienced a decline in services after budget cuts. The court ruled the residents' rights had been violated and ordered the state to restore funding and staffing to provide an appropriate treatment environment. The case helped establish the right to treatment and individualized treatment plans for those with disabilities.
IntroductionThis paper will provide a review of the compliance r.docxnormanibarber20063
Introduction
This paper will provide a review of the compliance report based on the general conducts of the medical staff at USA Community Hospital. The validity of patients’ claims for denial of services will be investigated and a mechanism to address such claims will be also provided. The primary roles that the staff can play in upholding ethics at their work place will be provided and legal consequences for non-compliance will also be stipulated.
A Plan to Investigate the Validity of Patients’ Claims for Denial of Services
1. Identification of Allegations and Issues to be Investigated- The issues to be investigated include the allegation of denial of services to the HIV/AIDS patients. Other issues to be investigated include patient review registries, and standard procedures surrounding the ethical treatment of patients with HIV / AIDS. These follow complaints that were brought forward by the public that the professional staff at USA Community Hospital were denying HIV/AIDS patients proper treatment.
2. Investigative Strategy- The investigation will involve a request to the patients who suffered the discriminative treatment to come forward for individual interviews to help in finding out more about their allegations. The medical files of these patients will be checked to verify their claims and to identify any sign of negligence on the doctors’ part. Finally the mentioned medical personnel will also be individually interviewed and thoroughly investigated. The interview panel will be chaired by the head healthcare administrators and other members will consist of the quality assurance manager, case manager, and file coordinator.
3. Sources of Evidence- The sources of evidence will consist of any violation of applicable laws, procedures, regulations, or ethical guidelines as pertained to the hospital patient treatment regulations. Other sources of evidence will involve documentation such as notes on the patients file, patients’ lab reports, e-mail exchange between the patients and doctors, and the personal files of the involved professional staff. Witnesses and physical evidence such as video records will be used.
4. Special Considerations- This process will involve use of power as provided in the US constitution. It will also involve surprise visits to the alleged doctors’ to find out how they treat their patients. Reluctant witnesses will be identified and interviewed.
5. Required Personnel and Resources- The process will involve a wide range of personnel and resources. Experts and lawyers for the victims and the accused personnel will be required in the process. Medical Psychologist and Psychiatrist will also be invited to help identify the validity of statements from the complainants as well as the accused. Enough time, rooms, and other facilities such as remunerations for the panel members will also be considered and made available.
6. Milestones and Timelines- This whole process goal is to only take two months to get to completion and.
CORPORATE NEGLIGENCE There are duties that the corporation.docxvanesaburnand
CORPORATE NEGLIGENCE
There are duties that the corporation itself owes to the general public and to its patients.
These duties arise from statutes, regulations, principles of law developed by the courts,
and the internal operating rules of the organization. If a corporation has a duty and fails
in the exercise of that duty, it has the same liability to the injured party as an individual
would have.
Corporate negligence is a doctrine under which the hospital is liable if it fails to uphold the
proper standard of care owed the patient, which is to ensure the patient’s safety and well-
being while at the hospital. This theory of liability creates a nondelegable duty which the
hospital owes directly to a patient. Therefore, an injured party does not have to rely on and
establish the negligence of a third party.6
Corporate negligence occurs when a health care corporation fails to perform those
duties it owes directly to a patient or to anyone else to whom a duty may extend. If such
a duty is breached and a patient is injured as a result of that breach, the organization
can be held culpable under the theory of corporate negligence.
Liability extends to nonemployees who act as a hospital’s ostensible agents. For
example, inThompson v. Nason Hospital,7 a Pennsylvania court recognized that
hospitals are more than mere conduits through which health care professionals are
brought into contact with patients. Hospitals owe some nondelegable duties directly to
their patients independent of the negligence of their employees, such as duties to use
reasonable care in the maintenance of safe and adequate facilities and equipment; select
and retain only competent physicians; oversee all persons who practice medicine within
their walls as to patient care; and formulate, adopt, and enforce adequate rules and
policies to ensure quality care for their patients.
CASE: DARLING—
HEALTH CARE’S BENCHMARK CASE
https://jigsaw.vitalsource.com/books/9781449685065/content/id/ch08fn06
https://jigsaw.vitalsource.com/books/9781449685065/content/id/ch08fn07
In 1965, the landmark case Darling v. Charleston Community Memorial Hospital had a
major impact on the liability of health care organizations.8 The court enunciated a
“corporate negligence doctrine” under which hospitals have a duty to provide adequately
trained medical and nursing staff. A hospital is responsible, in conjunction with its
medical staff, for establishing policies and procedures for monitoring the quality of
medicine practiced within the hospital.
Darling involved an 18-year-old college football player who was preparing for a career
as a teacher and coach. The patient, a defensive halfback for his college football team,
was injured during a play. He was rushed to the emergency department of a small,
accredited community hospital where the only physician on emergency duty that day
was Dr. Alexander, a general practitioner. Alexander had no.
1. What was the reasoning for enacting the EMTALA2. Should medi.docxpaynetawnya
1. What was the reasoning for enacting the EMTALA?
2. Should medical advice be dispensed on the telephone? Explain your opinion.
3. Discuss why you think the prescribing, control, administration, and monitoring of medications has become a major area of legal concern for health care professionals.
4. Describe the difference between the certification and licensing of a health care professional.
1. Describe the organization, responsibilities, duties, and legal risks of a governing body.
2. List some of the major provisions of SOX
3. Describe the meaning of the legal doctrine respondeat superior.
4. Describe the term corporate negligence.
5. Why is the Darling case described as a benchmark case?
6. Does the legal doctrine respondeat superior apply to an independent contractor? Explain your answer.
Chapter 11
Hospital Departments & Allied Health Professionals
LEARNING OBJECTIVESDescribe a variety of negligent errors by allied health professionals.Discuss the purpose of certification, licensure, and reasons for revocation of licenses.Describe helpful advice for caregivers.
PROFESSIONAL ETHICS Standards or codes of conduct by specific profession. Created in response to actual or anticipated ethical conflicts.ExamplesFalsifying recordsSexual improprietiesSharing confidential patient information
ChiropractorStandard of care requireddegree of care, judgment, & skill exercised by other reasonable chiropractors under like or similar circumstances.
Emergency DepartmentObjectives of Emergency Caretreatment must begin as rapidly as possiblefunction is to be maintained or restoredscarring & deformity are to be minimizedtreatment regardless of ability to pay.
Jury Returns Largest Medical Malpractice Verdict A man arrived at the ER with severe neck pain and numbness in his arms and legs. A doctor diagnosed his condition as neck strain and released the man from the hospital. A few hours later, the man became completely paralyzed from the chest down… The jury awarded the plaintiff $15 million; $10 million of which was for non-economic damages. −Mark Bello, The Legal Examiner, December 30, 2012
No Duty to Patient
Who Left ED UntreatedIn a wrongful death medical malpractice action alleging negligence, the trial court properly granted summary judgment because under Ohio law, an emergency room nurse had no duty to interfere with an individual who left the ED without telling anyone and who refused treatment.
−Griffith v. University Hospitals of Cleveland
Failure to AdmitPhysician was found negligent in failing to hospitalize the patient or failing to inform her of the serious nature of her illness. The trial court found that had the patient been hospitalized on her first visit, her chances of survival would have been increased.
−Roy v. Gupta
Documentation Sparse & ContradictoryED physician failed to evaluate the patient & to initiate care within first few minutes of patient's entry into the emergency facility. The e ...
this is a discussion not a paper I need a paragraph under each quest.docxabhi353063
this is a discussion not a paper I need a paragraph under each question. each paragraph need to be at least 250 words with up to date references.
HAS 515 Week 8 Lecture:
Patient Rights and Responsibilities and Acquired Immunodeficiency Syndrome
Slide #
Scene/Interaction
Narration
Slide 1
Intro Slide
Slide 2
Scene 1
Professor Charles enters classroom and introduces the topics for today’s lesson and begins the lecture.
Prof Charles
: Hello everyone….welcome back to class. Today, we are going to discuss patient rights and responsibilities and acquired immunodeficiency syndrome.
The Patient Self-Determination Act of 1990 (PSDA) made a significant advance in the protection of the rights of patients to make decisions regarding their own health care. Healthcare organizations may no longer passively permit patients to exercise their rights but must protect and promote such rights. The PSDA provides that each individual has a right under state law to make decisions concerning his or her medical care, including the right to accept or refuse medical or surgical treatment and the right to formulate advance directives.
Let’s first discuss the rights of the patient. How are patient rights classified?
Casey:
Patient rights may be classified as either legal (those emanating from law) or human statements of desirable ethical principles (such as the right to healthcare or the right to be treated with human dignity). Both staff and patients should be aware and understand not only their own rights and responsibilities, but also the rights and responsibilities of each other.
Donald
: Patients also have a right to receive a clear explanation of tests, diagnoses, treatment options, prescribed medications, and prognosis; participate in healthcare decisions; understand treatment options; and discontinue or refuse treatment options. It is recognized that the relationship between the physician and the patient is essential for the provision of proper care.
Casey
: In addition to what has already been noted, I would say that legal precedent has established that not only does the institution have responsibility to the patient, but also the patient has responsibility to the institution.
Prof. Charles
: Absolutely… What does the federal and state law and the Constitution have to say about discriminatory practices?
Casey
: Most federal, state and local programs specifically require, as a condition for receiving funds under such programs, an affirmative statement on the part of the organization that it will not discriminate. For example, Medicare and Medicaid programs specifically require affirmative assurances by healthcare organizations that no discrimination will be practiced. Healthcare organizations who do not comply may lose Medicare and Medicaid certification and reimbursement.
Prof. Charles
: Excellent. What is an example of discrimination by a hospital?
Donald:
There was a case,
Stoick v. Caro Community Hospital
, where the patient brought a medical ...
Medical Malpractice Law In The United States Prepared For Thelegal5
This document provides an overview of medical malpractice law in the United States. It discusses key policy issues such as how the adequacy of care is evaluated through expert witnesses and screening panels, limits placed on damages awarded to plaintiffs, and statutes of limitations for bringing lawsuits. It also examines trends in malpractice claims including total dollars paid out, average payments per claim, and number of paid claims. Several newer proposals are outlined, such as patient compensation funds and aligning malpractice law with patient safety concerns.
Medical Malpractice Law In The United States Reportlegal5
This document provides an overview of medical malpractice law in the United States. It discusses key policy issues such as how the adequacy of care is evaluated through expert witnesses and screening panels, limits placed on damages awarded to plaintiffs, and statutes of limitations for bringing lawsuits. It also examines trends in malpractice claims including rising costs and legislative reforms enacted by states to control costs such as capping non-economic damages and establishing alternative dispute resolution processes.
The document discusses key concepts related to nursing documentation and legal liability, including:
1) The purposes of medical records which include substantiating patient health conditions, communicating among providers, recording patient response to care, and resolving legal issues.
2) Key definitions like negligence, the standard of care, and elements of a negligence claim.
3) Common flaws in medical records that plaintiff's attorneys look for such as undocumented gaps, deviations from policies, and biased comments.
4) Strategies for strong documentation including objective assessments, timeliness, and avoiding personal opinions.
The document discusses patients' rights and responsibilities in healthcare. It outlines the evolution of patients' rights in the US beginning in the 1960s. It then lists the rights included in the American Hospital Association's first Patient's Bill of Rights from 1973, such as the right to privacy, informed consent, and confidentiality. The document also discusses nurses' legal roles and responsibilities in ensuring quality care and avoiding malpractice. It addresses the ethics of protecting patients' dignity, providing individualized care, and respecting their independence.
The document discusses various legal aspects and responsibilities related to medical care and hospitals in India. It outlines duties of physicians according to medical codes of ethics. Hospitals have legal responsibilities to patients, staff, owners, and the public. The document also summarizes Indian laws governing medical issues including those related to medical negligence, contracts, torts, and community care aspects of doctors' work.
Legal aspects of nursing philnursingstudentpinoy nurze
This document discusses several key legal aspects of nursing practice including:
- State nurse practice acts that regulate nursing scope and standards.
- Requirement for an active nursing license to legally practice.
- Ethical principles like patient autonomy, beneficence, and informed consent.
- Legal documentation standards for nursing notes and physician orders.
- Liability considerations for nurses and hospitals regarding negligence and mistakes.
- Guidelines for use of patient restraints and requirements for informed consent.
5 The Physician–Patient Relationship Learning Objectives After.docxalinainglis
5 The Physician–Patient Relationship
Learning Objectives
After completing this chapter, you will be able to:
· 1. Define the key terms.
· 2. Describe the rights a physician has when practicing medicine and when accepting a patient.
· 3. Discuss the nine principles of medical ethics as designated by the American Medical Association (AMA).
· 4. Summarize “A Patient’s Bill of Rights.”
· 5. Understand standard of care and how it is applied to the practice of medicine.
· 6. Discuss three patient self-determination acts.
· 7. Describe the difference between implied consent and informed consent.
Key Terms
Abandonment
Acquired immune deficiency syndrome (AIDS)
Advance directive
Against medical advice (AMA)
Agent
Consent
Do not resuscitate (DNR)
Durable power of attorney
Human immunodeficiency
virus (HIV)
Implied consent
Informed (or expressed)
consent
Incompetent patient
In loco parentis
Living will
Minor
Noncompliant patient
Parens patriae authority
Privileged communication
Prognosis
Proxy
Uniform Anatomical Gift Act
THE CASE OF DAVID Z. AND AMYOTROPHIC LATERAL SCLEROSIS (ALS)
David, who has suffered with ALS for 20 years, is now hospitalized in a private religious hospital on a respirator. He spoke with his physician before he became incapacitated and asked that he be allowed to die if the suffering became too much for him. The physician agreed that, while he would not give David any drugs to assist a suicide, he would discontinue David’s respirator if asked to do so. David has now indicated through a prearranged code of blinking eye movements that he wants the respirator discontinued. David had signed his living will before he became ill, indicating that he did not want extraordinary means keeping him alive.
The nursing staff has alerted the hospital administrator about the impending discontinuation of the respirator. The administrator tells the physician that this is against the hospital’s policy. She states that once a patient is placed on a respirator, the family must seek a court order to have him or her removed from this type of life support. In addition, it is against hospital policy to have any staff members present during such a procedure. After consulting with the family, the physician orders an ambulance to transport the patient back to his home, where the physician discontinues the life support.
· 1. What were the primary concerns of the hospital?
· 2. What was the physician’s primary concern?
· 3. When should the discussion about the patient’s future plans have taken place with the hospital administrator?
Introduction
Few topics are as important as the physician–patient relationship. This relationship impacts the entire healthcare team. All healthcare professionals who interact with the patient must understand their responsibilities to both the patient and the physician. The patient’s right to confidentiality must always be paramount.
The first physicians were “medicine men,” witch doctors, or sorcerers. The physician–pa.
This document discusses treating elderly patients with dignity in nursing homes. It notes that patients have rights under both state and federal law to be treated with consideration, respect, and have their dignity recognized. Frequently, lawsuits allege that nursing homes showed a lack of respect by leaving patients in soiled clothes or bedding for long periods. The document outlines steps facilities should take to document patient refusals of care, notify families and doctors, involve families in compliance plans, and educate families on allowing patients to refuse care as part of respecting their dignity and autonomy.
HA 4450 Legal Concepts in Health Care Raven Morgan
Case Analysis Group Project: Universal Health Services, Inc. v United States
The analysis includes the citation, relevant facts, the issue, rule of law, application, and the holding/conclusion.
The Consumer Protection Act (CPA) was passed in 1986 to better protect consumer interests in India. It established consumer councils and authorities to settle disputes. Under the CPA, a consumer is defined as any person who avails of services for consideration, either paid or promised. Health care services are considered a service under the act. The CPA provides advantages over civil courts like faster resolution times and no court fees. It allows consumers to file complaints over deficient or negligent services. Hospitals and doctors can be held liable depending on if they charge fees. The act has a three-tier structure for resolving complaints at the district, state, and national levels.
Similar to MHA6060 Health Law and EthicsWeek 5 AssignmentAPPLICATION (20)
IV. Internal Environment Strengths and Weaknesses (SWOT)Ford moto.docxDioneWang844
IV. Internal Environment: Strengths and Weaknesses (SWOT)
Ford motor Corporate Structure
1.
How is the corporation structured at present?
a.
Is the decision-making authority centralized around one group or decentralized to many units?
b.
Is the corporation organized on the basis of functions, projects, geography, or some combination of these?
2.
Is the structure clearly understood by everyone in the corporation?
3.
Is the present structure consistent with current corporate objectives, strategies, policies, and programs, as well as with the firm’s international operations?
4.
In what ways does this structure compare with those of similar corporations?
answer each question in a paragraph
.
its due in 55 minsTCO 1) How has user access of the Web changed ov.docxDioneWang844
its due in 55 mins
TCO 1) How has user access of the Web changed over the past 10 years? How does this impact the design of a website?
(Points : 30)
Question 12.
Question 13.
Question 14.
Question 15.
Question 16.
.
Its due in 4 hours.Please use very simple French.Qu’est-ce .docxDioneWang844
It's due in 4 hours.
Please use very simple French.
Qu’est-ce que tu vas faire (to do) le weekend? Où est-ce que tu vas? Avec qui est-ce que tu visites? A quelle heure est-ce que tu manges? Est-ce que tu voyages loin ou près (near or far)? Est-ce que tu visites avec les amis? Pourquoi ou pourquoi pas? Qu’est-ce que tu fais pour la reste du weekend?
Be sure to use food and the verb aller. Should be about 2 paragraphs.
.
ITS 365 syllabusWith the end of the Cold War, Central Asia, a re.docxDioneWang844
ITS 365 syllabus
With the end of the Cold War, Central Asia, a region that for many remains relatively obscure, has enjoyed renewed attention. One area of particular interest for many observers has been the impact of the so-called “Islamic factor” on domains like regional security, domestic politics, and international relations. However, the region is sometimes treated as peripheral to the rest of the Islamic world, while Central Asian Muslims are depicted as casual and ignorant in comparison to their supposedly more rigorous and “authentic” coreligionists elsewhere. As a result, Islam’s role in Central Asia, past and present, remains poorly understood and misconstrued as a source of danger, backwardness, and instability. The goal of this course is to shed light on the different ways that people make sense of Islam in contemporary Central Asia, with a particular focus on the diversity of Islamic belief and practice in the region. Special emphasis will also be placed on exploring the ways in which Islam is imbricated with, rather than opposed to, modernity and modern ideologies like nationalism and the nation-state.
Class meetings will consist of lecture and discussion. Students will be expected to participate in class discussions and will learn to think critically, and to substantiate beliefs and opinions with facts and context.
Required Texts
· Julie McBrien – From Belonging to Belief
· Adeeb Khalid – Islam after Communism
· Richard Foltz – Religions of the Silk Road (recommended)
· Other course materials will be available on Canvas
Response Papers:
Periodically throughout the semester students will be asked to submit reading response papers. The purpose of these assignments is to get you to reflect critically on the assigned readings, to put them in conversation with other readings, and to offer your personal thoughts and reflections.
Class Schedule:
Topic
Readings
NOTES:
Week 1 01/27
Perspectives on “Islam”
· Salvatore – Western Scholars of Islam on the Issue of Modernity
· McBrien – Introduction
· Light – Participation and Analysis
in Studying Religion in Central Asia
Week 2 02/03
Pre-Tsarist Eurasia
· Khalid – Ch. 1
· Abazov – Maps 5-38 (skim as
necessary)
· DeWeese – The Religious
Environment
· Khalid (PMCR) – Knowledge and
Society in the 19th Century
Week 3 02/10
Tsarist Russia
· Sahni – Ch. 1
· Khalid – Ch. 2
· Crews – 1) A Church for Islam
AND 2) Nomads into Muslims
PAPER PROSPECTUS
Week 4 02/17
The Jadid Movement
· Khalid (PMCR) – 1) The Origins of Jadidism, AND 2) The Politics of Admonition
· DeWeese – It Was a Dark and Stagnant Night (‘til the Jadids Brought the Light)
6
Week 5 02/24
Modernity Imposed
· Khalid – Ch. 3
· Khalid (PMCR) – 1) 1917: The
Moment of Truth AND 2) Epilogue
· Northrop – The Limits of Liberation
· Keller – Breaking Islam &
Conclusion
Week 6 03/03
Islam in the Soviet Union I
· Khalid – Ch. 4
· Kemper – Studying Islam in the
Soviet Union
· Benni.
Its 1 - 3 pages assaingment for art 101 classabout how the grou.docxDioneWang844
This assignment for an art history class asks the student to compare the 15th century religious group led by Savonarola to the modern terrorist group ISIS in 3 pages or less, focusing on their similarities rather than providing histories. The document requests the summary be completed as soon as possible as it is due on Monday at 12:00 pm.
Its a argumentive essay that you have to answer if technology has m.docxDioneWang844
This document provides instructions for a 4-page argumentative essay arguing whether technology has made teenagers dumber, to be completed from a teenager's point of view and including outside sources, and is due by 10:00 am on March 15, 2017.
It stated that an estimated 30-60 of patients are not compliant wi.docxDioneWang844
It stated that "an estimated 30-60% of patients are not compliant with their physicians-directed treatment or medication regimens. Because of the serious clinical and cost concerns this raises, behavior modification has become recognized as an integral part of the population health paradigm."(Nash, Fabius, Skoufalos, Clarke & Horowitz, 2016, p. 28) "What are the roles of behavior change and self-care in achieving population health outcomes" (Nash, Fabius, Skoufalos, Clarke & Horowitz, 2016, p. 35).
Reference:
Nash, D.B., Fabius, R.J., Skoufalos, A., Clarke, J.L. & Horowitz, M.R. (2016).
Population health: creating a culture of wellness.
Burlington: MA, Jones & Bartlett
.
.
Its 4 part to the entire project, the first part is due next Wednesd.docxDioneWang844
Its 4 part to the entire project, the first part is due next Wednesday 07/26/2017 before midnight (Illinois time).
The topic in which my entire paper is "Gun violence, the juvenile Offender"
P
ART
I
– Paper to present your Topic:
During Week 3, students will submit a 2-3 page paper in APA format describing a juvenile justice topic area of interest and why they are interested in this topic, what characteristics it has and what its relevance is to our study of juvenile crime.
Please provide atleast 3 references!
.
it should not take you that long!!(6.12) filepart 1) reading a.docxDioneWang844
This document provides instructions for a two-part assignment, with the first part involving reading and answering 3 questions, and the second part identifying formal elements like enjambment, ambiguity, rhyme, and repetition in poems. An example of how to answer the second part will be provided in another file.
It revolves being culturally competent and by that understanding rel.docxDioneWang844
It revolves being culturally competent and by that understanding religion, mental health, and the combination of both by identifying religious competence as part of cultural competence. This involves implementing as well as determining the “patients’ psychological and existential frameworks; it can also play a key role in determining behavioral variables (which, in turn, influence physiological variables) that have a direct bearing on mental health” (Whitley, 2012). My strengths would be to initially identify the patient’s spiritual preferences, being attentive by being an active listener to the patient’s spiritual needs. Moreover, spirituality is essentially an unchecked vital sign that is essentially to all patients regardless of their religion. However, weakness mainly finding consultation for patients whom are very particular about whom they speak. Also being exposed to different patient populations within med-surg that have different capacities which can be difficult to honor their wishes but do so to the best of my ability. When it comes to patients, it’s important to improve patient care through “taking a spiritual history, respecting and supporting spiritual beliefs, challenging beliefs, praying with patients, and appropriate consultation with clergy” (Koenig, 2008). This is something I will continue to work on as time goes on.
If I were a patient with the capacity, I would coordinate with the health care team about my preferences and needs and be updated on all of the happenings regarding my plan of care. However, should I lack the mental capacity to make such ethical decisions, my advocate would be that of my parents fulfill my wishes when it comes to my plan of care. They will be informed about all options when it comes to treatments and seek both a realistic, viable alternatives should they be present.
I NEED YOU TO COMMENT FROM THIS POST, 150 WORDS NEEDED AND A REFERNCE PLEASE
.
IT242Describe the open systems interconnection (OSI) model an.docxDioneWang844
IT/242
Describe
the open systems interconnection (OSI) model and how it relates to a network in 200 to 350 words. Include answers to the following:
On which layers of the OSI model do WAN protocols operate?
What are some of these protocols?
On which OSI layers do switches and routers operate?
If routers reside at more than one layer, what is the difference between OSI layers?
.
It should have MLA Format and Works Cited page and it should be 6 or.docxDioneWang844
It should have MLA Format and Works Cited page and it should be 6 or 7 pages long.
The outline should be something similar to this
I.
Introduction
II.
Background of Plastic Material
A.
History
B.
Composition or how is it made
C.
Types
D.
Producers
E.
Innovative uses
F.
Every-day uses (intro to plastic bags and bottles)
III.
Plastic Bags and Bottles
A.
Background
B.
Consumption
C.
Time of decomposition
It does not need to have a concluding paragraph.
.
IT offshoring is a very controversial issue because it shifts jobs t.docxDioneWang844
IT offshoring is a very controversial issue because it shifts jobs to other countries. At the same time, it has the potential to decrease the organization’s costs significantly. Whether offshoring is good or bad for the people of affected countries is an issue of constant controversy.
Discuss how you feel about this issue?(350 words)
.
Please view both parts of the entire assignment request and observe .docxDioneWang844
Please view both parts of the entire assignment request and observe the due time. All needed information should be included in the attachements but please let me know if you have any questions.
Thank you in advance,
(By the way, a good portion of the "Observations" part can just be opinionated as long as it's and educated opinion. No need for cited information or textbook explanations.)
.
Please use very simple French.Choose 2 days of the week to tell .docxDioneWang844
The document requests a 3 paragraph response in simple French about 2 weekdays and either Saturday or Sunday. For the weekdays, describe the school schedule including class subjects, times, and opinions. For the weekend day, use different ER verbs to describe activities at specific times of the day.
Please use the attached spreadsheet to incorporate the workAshfo.docxDioneWang844
Please use the attached spreadsheet to incorporate the work
Ashford University Assignment Submission Week 1 Assignment
10 Essential Services of Public Health
Public health services are divided into four major categories and 10 specific services.
Complete the worksheet, to access, click
here:
Describe the four major categories and 10 essential services of public health and find a real-life example of each service.
Provide a definition for each of the four categories and 10 essential services of public health listed on the worksheet. (The definition should be approximately three to four sentences each, written in your own words.)
Identify via an internet search a real-life example of each of the 10 essential services. (The example may be a program, initiative, or service of a government agency, community service agency, non-profit organization, or community action group.)
Provide a description and brief discussion of how each example relates to the definition of the essential service.
Include a link to the website where you found information about each example.
Add a title page with the following:
Title of assignment
Student’s name
Course name and number
Instructor’s name
Date submitted
Include a reference page formatted according to APA style as outlined in the Ashford Writing Center.
NOTE: For the four categories of services, you only need to include a definition; you do not need to provide an example of the categories. All information you include on the worksheet must be in your own words and cited appropriately in APA style as outlined by the Ashford Writing Center. No quotes or copy-pasted material will be accepted.
Carefully review the
Grading Rubric
for the criteria that will be used to evaluate your assignment.
.
Please use very simple French.Qu’est-ce que tu vas faire (to do).docxDioneWang844
Please use very simple French.
Qu’est-ce que tu vas faire (to do) le weekend? Où est-ce que tu vas? Avec qui est-ce que tu visites? A quelle heure est-ce que tu manges? Est-ce que tu voyages loin ou près (near or far)? Est-ce que tu visites avec les amis? Pourquoi ou pourquoi pas? Qu’est-ce que tu fais pour la reste du weekend?
Be sure to use food and the verb aller. Should be about 2 paragraphs.
.
Please use class material to support your answer.Provide an exam.docxDioneWang844
Please use class material to support your answer.
Provide an example of a time in your organization where there was a lack of planning that affected the organization as a whole. Describe the situation and identify what management did to recover from this incident and to improve their future planning efforts.
II.
Study guide attached for support
.
Please use the questionanswer method. Copy paste question, then .docxDioneWang844
Please use the question/answer method. Copy paste question, then answer. Then next question and answer. Etc.
This way we know which question you are answering and when you are moving to next question….LOL!
"Identifying Truth or Fiction" Please respond to the following:
The video clip ‘The Baloney Detection Kit’ in the Webtext this week discusses the many ways in which an effective critical thinker assesses the claims made by others.
1. Explain what you believe is the real difference between ‘science’ and ‘pseudoscience’.
2. Examine the key reasons why so many people might seem to be attracted to more pseudoscience-type claims.
3. Describe at least two (2) such claims that you have heard people make, and analyze the main reasons why such claims do or do not meet rigorous scientific methodology standards.
4. Determine at least two (2) ways in which the material discussed this week has changed your own thinking.
Please use the question/answer method
.
How to Build a Module in Odoo 17 Using the Scaffold MethodCeline George
Odoo provides an option for creating a module by using a single line command. By using this command the user can make a whole structure of a module. It is very easy for a beginner to make a module. There is no need to make each file manually. This slide will show how to create a module using the scaffold method.
LAND USE LAND COVER AND NDVI OF MIRZAPUR DISTRICT, UPRAHUL
This Dissertation explores the particular circumstances of Mirzapur, a region located in the
core of India. Mirzapur, with its varied terrains and abundant biodiversity, offers an optimal
environment for investigating the changes in vegetation cover dynamics. Our study utilizes
advanced technologies such as GIS (Geographic Information Systems) and Remote sensing to
analyze the transformations that have taken place over the course of a decade.
The complex relationship between human activities and the environment has been the focus
of extensive research and worry. As the global community grapples with swift urbanization,
population expansion, and economic progress, the effects on natural ecosystems are becoming
more evident. A crucial element of this impact is the alteration of vegetation cover, which plays a
significant role in maintaining the ecological equilibrium of our planet.Land serves as the foundation for all human activities and provides the necessary materials for
these activities. As the most crucial natural resource, its utilization by humans results in different
'Land uses,' which are determined by both human activities and the physical characteristics of the
land.
The utilization of land is impacted by human needs and environmental factors. In countries
like India, rapid population growth and the emphasis on extensive resource exploitation can lead
to significant land degradation, adversely affecting the region's land cover.
Therefore, human intervention has significantly influenced land use patterns over many
centuries, evolving its structure over time and space. In the present era, these changes have
accelerated due to factors such as agriculture and urbanization. Information regarding land use and
cover is essential for various planning and management tasks related to the Earth's surface,
providing crucial environmental data for scientific, resource management, policy purposes, and
diverse human activities.
Accurate understanding of land use and cover is imperative for the development planning
of any area. Consequently, a wide range of professionals, including earth system scientists, land
and water managers, and urban planners, are interested in obtaining data on land use and cover
changes, conversion trends, and other related patterns. The spatial dimensions of land use and
cover support policymakers and scientists in making well-informed decisions, as alterations in
these patterns indicate shifts in economic and social conditions. Monitoring such changes with the
help of Advanced technologies like Remote Sensing and Geographic Information Systems is
crucial for coordinated efforts across different administrative levels. Advanced technologies like
Remote Sensing and Geographic Information Systems
9
Changes in vegetation cover refer to variations in the distribution, composition, and overall
structure of plant communities across different temporal and spatial scales. These changes can
occur natural.
Strategies for Effective Upskilling is a presentation by Chinwendu Peace in a Your Skill Boost Masterclass organisation by the Excellence Foundation for South Sudan on 08th and 09th June 2024 from 1 PM to 3 PM on each day.
हिंदी वर्णमाला पीपीटी, hindi alphabet PPT presentation, hindi varnamala PPT, Hindi Varnamala pdf, हिंदी स्वर, हिंदी व्यंजन, sikhiye hindi varnmala, dr. mulla adam ali, hindi language and literature, hindi alphabet with drawing, hindi alphabet pdf, hindi varnamala for childrens, hindi language, hindi varnamala practice for kids, https://www.drmullaadamali.com
Main Java[All of the Base Concepts}.docxadhitya5119
This is part 1 of my Java Learning Journey. This Contains Custom methods, classes, constructors, packages, multithreading , try- catch block, finally block and more.
বাংলাদেশের অর্থনৈতিক সমীক্ষা ২০২৪ [Bangladesh Economic Review 2024 Bangla.pdf] কম্পিউটার , ট্যাব ও স্মার্ট ফোন ভার্সন সহ সম্পূর্ণ বাংলা ই-বুক বা pdf বই " সুচিপত্র ...বুকমার্ক মেনু 🔖 ও হাইপার লিংক মেনু 📝👆 যুক্ত ..
আমাদের সবার জন্য খুব খুব গুরুত্বপূর্ণ একটি বই ..বিসিএস, ব্যাংক, ইউনিভার্সিটি ভর্তি ও যে কোন প্রতিযোগিতা মূলক পরীক্ষার জন্য এর খুব ইম্পরট্যান্ট একটি বিষয় ...তাছাড়া বাংলাদেশের সাম্প্রতিক যে কোন ডাটা বা তথ্য এই বইতে পাবেন ...
তাই একজন নাগরিক হিসাবে এই তথ্য গুলো আপনার জানা প্রয়োজন ...।
বিসিএস ও ব্যাংক এর লিখিত পরীক্ষা ...+এছাড়া মাধ্যমিক ও উচ্চমাধ্যমিকের স্টুডেন্টদের জন্য অনেক কাজে আসবে ...
How to Setup Warehouse & Location in Odoo 17 InventoryCeline George
In this slide, we'll explore how to set up warehouses and locations in Odoo 17 Inventory. This will help us manage our stock effectively, track inventory levels, and streamline warehouse operations.
Executive Directors Chat Leveraging AI for Diversity, Equity, and InclusionTechSoup
Let’s explore the intersection of technology and equity in the final session of our DEI series. Discover how AI tools, like ChatGPT, can be used to support and enhance your nonprofit's DEI initiatives. Participants will gain insights into practical AI applications and get tips for leveraging technology to advance their DEI goals.
MHA6060 Health Law and EthicsWeek 5 AssignmentAPPLICATION
1. MHA6060: Health Law and Ethics
Week 5 Assignment
APPLICATION OF ETHICS TO LEGAL ISSUES
Please review the following case:
The defendant in State v. Cunningham, the owner, and
administrator of a residential care facility housed thirty to
thirty-seven mentally ill, mentally retarded, and senior
residents. The Iowa Department of Inspections and Appeals
conducted various surveys at the defendant’s facility between
October 1989 and May 1990. All of the surveys except one
resulted in a fifty-dollar daily fine assessed against the
defendant for violations of the regulations.
On August 16, 1990, a grand jury filed an indictment charging
the defendant with several counts of wanton neglect of a
resident in violation of the Iowa Code section 726.7 (1989),
which provides, “A person commits wanton neglect of a resident
of a healthcare facility when the person knowingly acts in a
manner likely to be injurious to the physical, mental, or moral
welfare of a resident of a healthcare facility. . . . Wanton
neglect of a resident of a healthcare facility is a serious
misdemeanor.”
The district court held that the defendant had knowledge of the
dangerous conditions that existed in the healthcare facility but
willfully and consciously refused to provide or to exercise
adequate supervision to remedy or attempt to remedy the
dangerous conditions. The residents were exposed to physical
dangers and unhealthy and unsanitary physical conditions and
2. were grossly deprived of the much-needed medical care and
personal attention.
The conditions were likely to and did cause injury to the
physical and mental well-being of the facility’s residents. The
defendant was found guilty on five counts of wanton neglect.
The district court sentenced the defendant to one year in jail for
each of the five counts, to run concurrently. The district court
suspended all but two days of the defendant’s sentence and
ordered him to pay $200 for each count, plus a surcharge and
costs, and to perform community service. A motion for a new
trial was denied, and the defendant appealed.
The Iowa Court of Appeals held that there was substantial
evidence to support a finding that the defendant was responsible
for not properly maintaining the nursing facility, which led to
prosecution for wanton neglect of the facility’s residents. The
defendant was found guilty of knowingly acting in a manner
likely to be injurious to the physical or mental welfare of the
facility’s residents by creating, directing, or maintaining
hazardous conditions and unsafe practices.
The facility was not properly maintained (for example, findings
included broken glass in patients’ rooms, excessive hot water in
faucets, dried feces on public bathroom walls and grab bars,
insufficient towels and linens, cockroaches and worms in the
food preparation area, no soap available in the kitchen, and at
one point, only one bar of soap and one container of shampoo
found in the entire facility). Dietary facilities were unsanitary
and inadequate to meet the dietary needs of the residents. There
were inadequate staffing patterns and supervision in the facility,
and improper dosages of medications were administered to the
residents.
The defendant argued that he or she did not “create” the unsafe
conditions at the facility. The court of appeals disagreed. The
3. statute does not require that the defendant create the conditions
at the facility to sustain a conviction. The defendant was the
administrator of the facility and responsible for the conditions
that existed.
Please address the following questions drawing support from
your course resources and credible scholarly resources cited in
APA format:
Analyze this case from the perspective of the four ethical
theories presented throughout the course—consequential ethics,
utilitarian ethics, deontological ethics, and nonconsequential
ethics.
Discuss how ethics and the law are intertwined in this case.
Present your assessment of the court’s finding and whether it
was just.
References
MHA6060 WEEK 5 LECTURE, DISCUSSION, AND PROJECT
INSTRUCTIONS 1
Physician Ethical and Legal Issues
Physicians are heavily guided by the elements of the
Hippocratic Oath and code of medical ethics outlined by the
American Medical Association. When it comes to ethical
practice in the treatment of patients, both ethics and law
intertwine. For example, the law stipulates that preventable
harm warrants compensation, that is, when a physician injures a
patient due to negligence, that physician must be penalized and
that patient must be compensated. Such malpractice cases are,
of course, an egregious violation of a physician’s ethical and
legal responsibilities. Of similar importance are training
physicians and their staff to show professionalism and
compassion to build honest and trusting relationships with their
4. patients. As healthcare administrators, you are likely to see
cases of physician negligence involving patient assessments,
medical diagnoses, and treatment, that is, the most common
medical errors involve the following:
· Patient assessments encompass all processes that collect
patient data needed to create appropriate and effective care
plans. A myriad of healthcare professionals must work together
to gather accurate information. A physician who performs a
substandard patient assessment is more likely to misdiagnose
health issues or provide incomplete care.
· Patient diagnoses require physicians to identify the most
likely disease or disease process in a patient to support further
actions for additional testing or treatment. However, despite the
improvements in medical imaging and diagnostic testing, an
overdependence on the results can be harmful to the patient.
· Finally, patient treatment, or the strategies used to restore the
patient to health, may result in more harm than good. Whether
the treatment is conservative or palliative, it is important that
physicians periodically review best practices in the field and
follow currently prescribed guidelines based on evidence.
Legal Action against Healthcare Professionals
Review each tab to learn more.
· Supreme Court of Nevada
Piroozi, M.D., and Martin Blahnik, M.D., Petitioners, v. the
eighth judicial district court of the state of Nevada, in and for
the County of Clark; and the Honorable James M. Bdcler,
District Judge.
5. Respondents: Tiffani D. Hurst; and Brian Abbington, Jointly
and on Behalf of their Minor Child, Mayrose Lili–Abbington
Hurst, Real Parties in Interest.
No. 64946.
Decided: December 31, 2015
Summary: An infant suffered brain injury as a result of
untreated anemia.
Verdict: $14.5 million to parents of infant
· District of Columbia Court of Appeals
Sibley Memorial hospital, Petitioner, v. District of Columbia
department of employment services.
Respondent: Ann Garrett, Intervenor.
No. 97-AA-263.
Decided: May 07, 1998
Summary: The surgeon failed to recognize inappropriate blood
flow post-knee replacement, leading to amputation.
Verdict: $8.35 million to the plaintiff
6. · Superior Court of New Jersey, Appellate Division
Marquis A. Walker, Executor and Personal Representative of
the Estate of Sabrina griffin.
Deceased: Plaintiff–Appellant, v. Ilmia Choudhary, M.D., Tara
Kiger, M.D., Dominic Diorio, M.D., Frank Lasala, M.D.,
S.J.E.R. Physicians, P.C., South Jersey Regional Medical
Center, and South Jersey Healthcare.
Defendants–Respondents.
DOCKET NO. A–1425–10T1.
Decided: March 30, 2012
Summary: Doctors failed to report suspected abuse of a child
who later suffered a brain injury.
Verdict: $45 million to child via guardian
Additional Materials
From your textbook, Legal and Ethical Issues for Health
Professionals, review the following chapter:
· Physician Ethical and Legal Issues
From the South University Online Library, review the following
article:
· Expanding Access to Care: Scope of Practice Laws
Patient Abuse
There are a number of ways that a healthcare professional may
become involved in a case of abuse, which is pervasive.
Hospital-based workers are most often confronted with patient
abuse, which is any level of mistreatment of individuals
7. receiving care from the agency. It is important to note that a
physician may be the perpetrator of the abuse or the one to
identify and report the abuse a patient experienced outside the
facility. Such abuse may include any physical, psychological,
medical, or financial abuse inflicted on a patient.
Child abuse is the abuse of a child under the age of eighteen
years, and all states have child abuse statutes to mandate
accurate reporting. Detecting child abuse may prove
challenging, and any caregivers who suspect a pattern of abuse,
such as repeated visits for broken bones or bruises, should
report suspicions. In order to promote quick identification and
intervention in child abuse cases, the caregivers are immune
from liability for any good faith reporting.
Senior abuse is a significant concern as many older adults fail
to report incidents out of fear. A majority of states mandate
reporting of senior abuse, which may involve anything from
emotional outbursts or malnourishment to unexpected bank
activity or death. Caregivers who suspect abuse are encouraged
to document accurately and extensively and report suspected
abuse.
Case Study: Incidents of Patient Abuse
Review each case study to learn more
Case Study 1
Abusive Search
A nurse in People v. Coe (1988) was charged with a willful
violation of the public health law in connection with an
allegedly abusive search of an eighty-six-year-old resident at a
geriatric center and with the falsification of business records in
the first degree. The resident, Mr. Gersh, had a heart disease
and difficulty in expressing himself verbally. Another resident
claimed that two $5 bills were missing. Nurse Coe assumed that
Gersh had taken them because he had been known to take things
in the past. The nurse proceeded to search Gersh, who resisted.
A security guard was summoned, and another search was
undertaken. When Gersh again resisted, the security guard
8. slammed a chair down in front of him and pinned his arms while
the defendant nurse searched his pockets, failing to retrieve the
two $5 bills. Five minutes later, Gersh collapsed in a chair
gasping for air. Coe administered cardiopulmonary resuscitation
but was unsuccessful, and Gersh died.
Coe was charged with violation of the New York Penal Law for
falsifying records because of the defendant’s “omission” of the
facts relating to the search of Gersh. These facts were
considered relevant and should have been included in the
nurse’s notes regarding this incident. The first sentence states,
“Observed resident was extremely confused and talks
incoherently. Suddenly this became unresponsi ve …” This
statement is simply false. It could only be true if some reference
to the search and the loud noise was included. A motion was
made to dismiss the indictment at the end of the trial.
The court held that the search became an act of physical abuse
and mistreatment, that the evidence was sufficient to warrant a
finding of guilt on both charges, and that the fact that searches
took place frequently did not excuse an otherwise illegal
procedure.
Forcible Administration of Medication
The medical employee in In re Axelrod sought review of a
determination by the commissioner of health that she was guilty
of resident abuse. Evidence showed that the employee, after a
resident refused medication, “held the patient’s chin and poured
the medication down her throat.” There was no indication or
convincing evidence that an emergency existed that would have
required the forced administration of the medication. The court
held that substantial evidence supported the commissioner’s
finding that the employee had been guilty of resident abuse.
Deficient Care
In Montgomery Health Care Facility v. Ballard (1990), three
nurses testified that the facility was understaffed. One nurse
testified that she asked her supervisor for more help but that she
9. did not get it. A nursing home resident, Mrs. Stovall, expired as
the result of multiple infected bedsores. The estate of the
patient brought a malpractice action against the nursing home.
First American Health Care, Inc., is the parent corporation of
the Montgomery Health Care Facility, a nursing home. The trial
court entered a judgment on a jury verdict against the home, and
an appeal was taken. The Alabama Supreme Court held that
reports compiled by the Alabama Department of Public Health,
concerning deficiencies found in the nursing home, were
admissible as evidence.
Evidence showed that the care given to the deceased was
deficient in the same ways as noted in the survey and complaint
reports, which indicated that deficiencies in the home included:
· Inadequate documentation of treatment given for decubitus
ulcers
· Twenty-three patients found with decubitus ulcers, ten of
whom developed those ulcers in the facility
· Dressings on the sores were not changed as ordered
· Nursing progress notes did not describe patients’ ongoing
conditions, particularly with respect to descriptions of decubitus
ulcers
· Ineffective policies and procedures with respect to sterile
dressing supplies
· Lack of nursing assessments
· Incomplete patient care plans
· Inadequate documentation of doctor’s visits and orders or
progress notes not consistently documented
· Inadequate documentation of turning of patients
· Incomplete activities of daily living sheets
· Range of motion exercises not documented
· Patients found wet and soiled with dried fecal matter
· Lack of bowel and bladder retaining programs
· Incomplete documentation of ordered force fluids
From a corporate standpoint, the parent corporation of the
nursing facility could be held liable for the nursing facility’s
negligence, where the parent company controlled or retained the
10. right to control the day-to-day operations of the home. The
defendants had argued that the punitive damage award of $2
million against the home was greater than what was necessary to
meet society’s goal of punishing them. The Alabama Supreme
Court, however, found the award not to be excessive. The trial
court also found that because of the large number of nursing
home residents vulnerable to the type of neglect found in Mrs.
Stovall’s case, the verdict would further the goal of
discouraging others from similar conduct in the future.
References:
· People v. Coe, 71 N.Y. 2d 852 (1988).
· Montgomery Health Care Facility v. Ballard, 565 So. 2d 221
(1990).
Additional Materials
From your textbook, Legal and Ethical Issues for Health
Professionals, review the following chapter:
· Patient Abuse
From the South University Online Library, review the following
article:
· Using Forum Play to Prevent Abuse in Health Care
Organizations: A Qualitative Study Exploring Potentials and
Limitations for Learning
Healthcare Ethics Committee
Many healthcare organizations create advisory bodies to help
guide them in the discussions and decisions related to ethical
healthcare practice. Such healthcare ethics committees are often
comprises a number of stakeholders and are often in the
position to offer an objective perspective on healthcare issues.
11. While such advisory boards are critical elements in supporting
relationships between the healthcare providers and their
patients, members of the ethics committee must maintain some
distance from that relationship. As such, the committee
members are often tasked with discussing issues of morality and
patient autonomy, as well as new and revised legislation at the
state and federal levels.
As a healthcare administrator, there is a high likelihood that
you may serve as a hospital representative, for example, on a
hospital-based ethics committee. You will need to develop
professional working relationships with others in your hospital
such as nurses and physicians or patient advocates.
Additionally, you will need to build trust between you and the
community representatives on the committee, who may include
ethical specialists, legal counsel, or community religious
leaders. Many hospital-based ethics committee are relatively
large to allow for multiple perspectives to be represented. This,
however, may also present challenges for effective
communication and appropriate conflict resolution.
Ultimately, a role on any hospital-based ethics committee will
demand attention to the following goals:
· Promotion and protection of patient rights
· Promotion and protection of shared decision making
· Promotion and protection of the patient-physician relationship
Ethics Committees: Goals and Functions
Review each component to learn more.
Goals of Ethics Committees
· Promote the rights of patients.
· Promote shared decision making between patients and
clinicians.
· Assist the patient and family in coming to consensus when
faced with ethical dilemmas.
12. Functions of Ethics Committees
· A resource tool in resolving ethical dilemmas.
· Patients and family should be encouraged to participate in
addressing ethical dilemmas.
community education.
CAdditional Materials
From your textbook, Legal and Ethical Issues for Health
Professionals, review the following chapter:
· Health Care Ethics Committee
From the South University Online Library, review the following
article:
· Ethics by Committee: A Textbook on Consultation,
Organization, and Education for Hospital Ethics Committees
· coWeek 5 Discussion
Discussion Topic
Top of Form
Due September 16 at 11:59 PM
Bottom of Form
Before beginning work on this discussion forum, please review
the link “Doing Discussion Questions Right” and any specific
13. instructions for this topic.
Your initial posting should be addressed at 300–500 words.
Make your post to this Discussion Area by the due date
assigned.
Before the end of the week, begin commenting on at least two
of your classmates’ responses. You can ask technical questions
or respond generally to the overall experience. Be objective,
clear, and concise. Always use constructive language, even in
criticism, to work toward the goal of positive progress. Submit
your responses in the Discussion Area.
ETHICAL ISSUES IN HEALTHCARE
Review the following case study and address the questions that
follow:
Mark was waiting to be seen by his physician in a
multispecialty physician office practice. As Mark was waiting
to see his physician, he observed a woman, most likely in her
late seventies, limping into the office. She had a large leg brace
that ran from her thigh to the calf of her leg. She struggled to
push her husband in a wheelchair into the office. She carefully
parked the wheelchair and approached the check-in counter. She
apologized for being late for her appointment as she was late
getting out of another physician’s office. The patient was told,
“You are late for your appointment. The office has a fifteen-
minute late arrival rule. You will have to reschedule your
appointment.” She apologized for being late and said that she
did tell the office staff she would be late.
She was then told, “You can wait, and I will try to squeeze you
into the schedule, but I don’t know how long you will have to
wait.” The lady said, “I don’t want to bother anyone. I will
reschedule my appointment.” She was directed around the
corner to another desk to reschedule her appointment. Mark got
out of his chair, walked over to the scheduler, and said, “I don’t
believe this. Her husband is sitting in a wheelchair, and she is
having difficulty walking. She can have my appointment, and I
can reschedule.” The lady suddenly turned to Mark and gave
him a big hug. The scheduler asked, “Who is your physician?”
14. Mark told her, and he was told, “I am sorry, but this lady has a
different physician.” The lady, now a bit teary eyed, continued
to make her appointment.
Tasks:
1. Describe the ethical issues involved in this observation.
2. Consider and discuss how this event could have had a more
pleasant outcome.
To support your work, use your course and textbook readings
and also use the South University Online Library. As in all
assignments, cite your sources in your work and provide
references for the citations in APA format.
· Week 5 Project
Assignment
Top of Form
Due September 20 at 11:59 PM
Bottom of Form
Before beginning work on this assignment, please review the
expanded grading rubric for specific instructions relating to
content and formatting.
APPLICATION OF ETHICS TO LEGAL ISSUES
In each of the previous weeks, you had the opportunity to
explore an ethical theory—consequential ethics, utilitarian
15. ethics, deontological ethics, and nonconsequential ethics—in
the context of a case scenario from your textbook. In this week,
the focus will be on how those ethical paradigms apply to legal
issues involving patient abuse.
Tasks:
1. Download and save the assignment template to your computer
and update the file name to include your last name.
2. Review the assigned case in its entirety.
3. Address the questions posed in detail and with appropriate
scholarly support.
To support your work, use your course and textbook readings
and also use the South University Online Library. As in all
assignments, cite your sources in your work and provide
references for the citations in APA format.
Submission Details
. By the due date assigned, submit your document to
the Submissions Area.
.
· A resource tool in resolving ethical dilemmas.
· Patients and family should be encouraged to participate in
addressing ethical dilemmas.